Legal

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and OpexaAI ("Company," "we," "us," or "our"), a company based in Canada. By accessing our website at opexaai.com (the "Website"), engaging our services, or using any AI agent or automation workflow built or deployed by OpexaAI, you agree to be bound by these Terms.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, you may not access or use our services.

2. Definitions

• "Services" means the development, deployment, integration, support, and related consulting services provided by OpexaAI, including AI agents (voice agents, SMS agents, WhatsApp agents, and custom enterprise workflow automation agents), websites and web applications, business process automation, analytics and reporting, point of sale implementation and integration, and any other services described in a proposal or statement of work agreed with the Client.
• "Deliverable" means any software, configuration, website, application, integration, report, documentation, or other work product created or provided by OpexaAI in the course of performing the Services, whether or not it constitutes an AI Agent.
• "AI Agent" means any artificial intelligence-powered software agent, bot, or automated workflow built, configured, or deployed by OpexaAI on behalf of the Client.
• "Client Data" means any data, content, or information provided by the Client or collected through the operation of AI Agents on the Client's behalf, including end-user personal data.
• "End User" means any individual who interacts with an AI Agent deployed on behalf of the Client.
• "Third-Party Services" means external platforms, APIs, and tools used in the delivery of our Services, including but not limited to large language model providers, speech-to-text and text-to-speech providers, telephony platforms, and messaging platforms.
• "Upfront Fee" means the one-time fee charged for the initial build, setup, and configuration of AI Agents and related workflows.
• "Monthly Subscription" means the recurring monthly fee that covers ongoing support, modifications, hosting, and third-party service usage fees.

3. Description of Services

OpexaAI provides AI-powered agents and related software services for businesses, including:

• Voice AI agents for inbound and outbound telephony
• SMS and WhatsApp conversational agents
• Custom enterprise workflow automation using AI
• Websites and web applications
• Business process automation
• Analytics and reporting
• Point of sale implementation and integration
• Integration with Client systems such as CRMs, databases, and order management platforms

Our Services involve the use of third-party large language models (LLMs), speech-to-text (STT), text-to-speech (TTS), telephony, messaging, and real-time communication infrastructure providers. The specific providers used may vary and are subject to change. A current list of key providers is available in our Privacy Policy.

We provide our Services on a best-effort basis. While we strive for high availability and performance, we do not guarantee specific uptime percentages or response times unless expressly agreed in a separate written Service Level Agreement (SLA).

4. Fees and Payment

4.1 Upfront Fee

The Client agrees to pay the Upfront Fee as quoted by OpexaAI prior to the commencement of any build or setup work. The Upfront Fee covers the initial design, development, configuration, and deployment of the AI Agent(s) and related workflows as agreed upon in the project scope.

4.2 Monthly Subscription

Following deployment, the Client agrees to pay the Monthly Subscription fee as quoted by OpexaAI. This fee covers ongoing support, minor modifications and updates to the AI Agent(s) as agreed upon between the Client and OpexaAI, hosting, and the cost of third-party services consumed in the operation of the AI Agent(s). Any modifications or updates that fall outside the agreed scope of the Monthly Subscription may be subject to additional charges as quoted by OpexaAI prior to commencement. Monthly Subscription fees are billed in advance on a recurring monthly basis.

4.3 Payment Terms

All fees are quoted and payable in the currency specified in the applicable invoice or proposal. Payment is due within the timeframe stated on the invoice (typically within 15 days of receipt). OpexaAI reserves the right to suspend or terminate Services if payment is not received within 30 days of the due date.

4.4 Taxes

All fees quoted under these Terms are exclusive of applicable taxes. The Client is responsible for payment of all sales, use, value-added, goods and services, harmonized sales, and similar taxes imposed by any taxing authority in connection with the Services.

4.5 Fee Changes

OpexaAI reserves the right to adjust Monthly Subscription fees with at least 30 days' written notice to the Client. If the Client does not agree to the adjusted fees, the Client may cancel the subscription in accordance with Section 10.

5. Intellectual Property

5.1 Ownership

OpexaAI retains all right, title, and interest in and to the AI Agents, Deliverables, workflows, code, configurations, templates, frameworks, tools, methodologies, and any other intellectual property created, developed, or used in the delivery of our Services (collectively, "OpexaAI IP"). Nothing in these Terms transfers ownership of any OpexaAI IP to the Client.

5.2 Client License

Subject to the Client's compliance with these Terms and timely payment of all fees, OpexaAI grants the Client a non-exclusive, non-transferable, non-sublicensable, revocable license to use the AI Agent(s), Deliverables, and related workflows solely for the Client's internal business purposes as contemplated by the Services. This license is effective for the duration of the Client's active subscription and terminates upon cancellation or termination of the subscription.

5.3 Client Data Ownership

The Client retains all right, title, and interest in and to Client Data. The Client grants OpexaAI a limited, non-exclusive license to access, use, and process Client Data solely as necessary to provide the Services.

5.4 Restrictions

The Client shall not, and shall not permit any third party to:

• Copy, modify, reverse engineer, decompile, or disassemble any AI Agent, Deliverable, or OpexaAI IP
• Sublicense, resell, distribute, or otherwise make available any AI Agent, Deliverable, or OpexaAI IP to any third party
• Remove or alter any proprietary notices, labels, or markings on any OpexaAI IP
• Use any AI Agent, Deliverable, or OpexaAI IP for purposes other than those contemplated by these Terms

5.5 Feedback

If the Client provides any suggestions, ideas, enhancement requests, or other feedback regarding the Services ("Feedback"), OpexaAI shall have a royalty-free, worldwide, perpetual, irrevocable license to use, incorporate, and commercialize such Feedback without obligation to the Client.

6. Client Responsibilities

The Client agrees to:

• Provide accurate, complete, and timely information, data, and access necessary for OpexaAI to perform the Services
• Ensure that all Client Data provided to OpexaAI is collected and shared in compliance with applicable privacy and data protection laws, including obtaining all necessary consents from End Users
• Comply with all applicable laws, regulations, and industry standards in connection with the use of the Services and AI Agents, including but not limited to telemarketing laws, call recording consent requirements, anti-spam legislation (e.g., CASL, TCPA, GDPR), and consumer protection regulations
• Not use the Services or AI Agents for any unlawful, fraudulent, deceptive, harassing, defamatory, or otherwise harmful purpose
• Not use the Services or AI Agents to generate, distribute, or facilitate content that is illegal, discriminatory, obscene, or infringes on the rights of any third party
• Implement appropriate disclosures to End Users that they are interacting with an AI agent, where required by applicable law or regulation
• Maintain the confidentiality of any account credentials, API keys, or access tokens provided in connection with the Services
• Promptly notify OpexaAI of any unauthorized access, security breach, or misuse of the Services

6.1 Outbound Calling

Where the Client configures an AI Agent to place outbound calls, the Client alone determines which telephone numbers are called, when they are called, and how frequently. OpexaAI does not select, source, supply, enrich, or schedule call recipients.

The Client warrants that it holds valid prior express consent for every telephone number it directs an AI Agent to call, that no such number was obtained by means that void that consent, and that it will promptly honour any revocation of consent or request to cease contact.

6.2 Regulated Activities

Where the Client uses an AI Agent for an activity that requires a licence, registration, or authorization, including but not limited to debt collection, the Client represents that it holds all such licences, registrations, and authorizations, that they are current, and that it will provide evidence of them to OpexaAI on request.

7. AI-Specific Disclaimers

7.1 Nature of AI Outputs

The Client acknowledges and agrees that AI Agents rely on third-party large language models and other AI technologies to generate responses. AI-generated outputs may occasionally be inaccurate, incomplete, misleading, or inappropriate ("AI Hallucinations"). OpexaAI does not guarantee the accuracy, reliability, or suitability of any AI-generated content.

7.2 No Professional Advice

AI Agents do not provide legal, medical, financial, or other professional advice. The Client is solely responsible for reviewing and validating any AI-generated outputs before relying on them or making them available to End Users in contexts where accuracy is critical.

7.3 Third-Party Service Dependencies

The Services depend on the availability and performance of Third-Party Services. OpexaAI is not responsible for any downtime, errors, data loss, or service degradation caused by Third-Party Services. Changes to Third-Party Service terms, pricing, or availability may affect the Services, and OpexaAI will use commercially reasonable efforts to mitigate any impact on the Client.

7.4 Human Oversight

The Client is responsible for implementing appropriate human oversight and review mechanisms for AI Agent interactions, particularly in use cases involving sensitive decisions, regulated industries, or vulnerable populations.

8. Confidentiality

Each party (the "Receiving Party") agrees to hold in confidence all non-public information disclosed by the other party (the "Disclosing Party") that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information ("Confidential Information"). Confidential Information includes, but is not limited to, business plans, Client Data, technical specifications, pricing, and proprietary methodologies.

The Receiving Party shall not disclose Confidential Information to any third party except as necessary to perform its obligations under these Terms, and shall use at least the same degree of care as it uses to protect its own confidential information (but no less than reasonable care).

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was known to the Receiving Party prior to disclosure; (c) is independently developed by the Receiving Party without reference to the Confidential Information; or (d) is required to be disclosed by law or court order, provided the Receiving Party gives reasonable prior notice to the Disclosing Party.

9. Data Protection and Privacy

OpexaAI processes Client Data in accordance with its Privacy Policy, available at opexaai.com. Where OpexaAI acts as a data processor on behalf of the Client, the parties shall enter into a Data Processing Addendum ("DPA") as required by applicable data protection laws (including PIPEDA, GDPR, and CCPA).

The Client acknowledges that in the course of providing the Services, Client Data (including personal data of End Users) may be transmitted to and processed by Third-Party Services located in various jurisdictions, including the United States. To protect such transfers, OpexaAI relies on appropriate safeguards including Standard Contractual Clauses (SCCs), adequacy decisions, and other lawful transfer mechanisms to ensure an adequate level of data protection.

Canada has received an adequacy determination from the European Commission under GDPR, meaning transfers of personal data from the EU to Canada are generally permitted. For full details, please refer to our Privacy Policy at opexaai.com.

10. Term, Cancellation, and Termination

10.1 Term

These Terms are effective from the date the Client first accesses the Website or engages our Services and remain in effect until terminated in accordance with this Section.

10.2 Monthly Subscription Cancellation

The Monthly Subscription is provided on a month-to-month basis. Either party may cancel the subscription at any time by providing written notice to the other party. Cancellation will take effect at the end of the current billing cycle. No refunds will be issued for the remainder of any prepaid billing period.

10.3 Termination for Cause

Either party may terminate these Terms immediately upon written notice if the other party: (a) materially breaches these Terms and fails to cure such breach within 15 days of receiving written notice; (b) becomes insolvent, files for bankruptcy, or has a receiver appointed for its assets; or (c) engages in conduct that is unlawful or materially harmful to the other party's reputation.

10.4 Termination by OpexaAI

OpexaAI may suspend or terminate the Services immediately without prior notice if: (a) the Client uses the Services in violation of these Terms or applicable law; (b) the Client fails to pay fees within 30 days of the due date; or (c) continued provision of Services would expose OpexaAI to legal liability.

10.5 Effect of Termination

Upon termination or cancellation:

• The Client's license to use any AI Agents and OpexaAI IP shall immediately terminate
• OpexaAI will cease operating all AI Agents on the Client's behalf
• The Client shall pay all outstanding fees for Services rendered up to the date of termination
• OpexaAI will, upon Client's written request made within 30 days of termination, return or delete Client Data in our possession, unless retention is required by law
• Sections 5 (Intellectual Property), 8 (Confidentiality), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), and 16 (Governing Law) shall survive termination

11. Refund Policy

Refunds may be considered on a case-by-case basis at OpexaAI's sole discretion. The following general principles apply:

• Upfront Fee: The Upfront Fee is generally non-refundable once work has commenced. Partial refunds may be considered in exceptional circumstances where Services have not been substantially delivered.
• Monthly Subscription: No refunds will be issued for the current billing period upon cancellation. Partial refunds may be considered in cases of extended, unresolved service outages directly attributable to OpexaAI.

All refund requests must be submitted in writing to info@opexaai.com. OpexaAI will review and respond to refund requests within a reasonable timeframe.

12. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, AI AGENTS, AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. OPEXAAI EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, OPEXAAI DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) AI-GENERATED OUTPUTS WILL BE ACCURATE, COMPLETE, OR RELIABLE; (C) THE SERVICES WILL MEET THE CLIENT'S SPECIFIC REQUIREMENTS; OR (D) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED.

THE CLIENT ACKNOWLEDGES THAT THE SERVICES DEPEND ON THIRD-PARTY SERVICES AND INFRASTRUCTURE OVER WHICH OPEXAAI HAS NO CONTROL, AND OPEXAAI SHALL NOT BE LIABLE FOR ANY FAILURES, INTERRUPTIONS, OR LIMITATIONS OF SUCH THIRD-PARTY SERVICES.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPEXAAI, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF OPEXAAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPEXAAI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY THE CLIENT TO OPEXAAI IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OPEXAAI'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

14. Indemnification

The Client agrees to indemnify, defend, and hold harmless OpexaAI, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• The Client's use of the Services or AI Agents in violation of these Terms or applicable law
• The Client's failure to obtain required consents from End Users, including consent for call recording, data collection, or AI interaction disclosures
• Any claim by an End User or third party arising from the Client's use of the AI Agents or any Deliverable, including claims related to inaccurate AI outputs
• The Client's violation of any applicable telemarketing, anti-spam, privacy, or consumer protection laws
• Any breach of the Client's representations, warranties, or obligations under these Terms

15. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from circumstances beyond the party's reasonable control, including but not limited to natural disasters, acts of war or terrorism, pandemic, government actions, power failures, internet or telecommunications outages, or failures of Third-Party Services. The affected party shall promptly notify the other party and use reasonable efforts to mitigate the impact of the force majeure event.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation between the parties for a period of not less than 30 days. If the dispute cannot be resolved through negotiation, either party may submit the dispute to the exclusive jurisdiction of the courts of the Province of Ontario, Canada.

17. Modifications to These Terms

OpexaAI reserves the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this document and provide notice to active Clients via email or through our Website. Continued use of the Services following any such modifications constitutes the Client's acceptance of the updated Terms. If the Client does not agree to the modified Terms, the Client's sole remedy is to cancel the subscription in accordance with Section 10.

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable DPA, project proposal, or statement of work, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, and communications.

18.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

18.3 Waiver

No failure or delay by either party in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy.

18.4 Assignment

The Client may not assign or transfer these Terms or any rights or obligations hereunder without OpexaAI's prior written consent. OpexaAI may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.

18.5 Independent Contractors

The parties are independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between the parties.

18.6 Notices

All notices under these Terms shall be in writing and sent by email. Notices to OpexaAI shall be sent to info@opexaai.com. Notices to the Client shall be sent to the email address on file with OpexaAI. Notices are deemed received on the date of delivery.

19. Contact Us

If you have any questions about these Terms of Service, please contact us at info@opexaai.com.

1. Introduction

OpexaAI ("Company," "we," "us," or "our") is an AI solutions agency based in Canada. We specialize in building and deploying artificial intelligence agents for voice, SMS, WhatsApp, and custom enterprise workflow automation on behalf of our business clients ("Clients"). This Privacy Policy describes how we collect, use, disclose, and protect personal information when you visit our website, engage with our services, or interact with an AI agent that we have built or deployed.

This Privacy Policy applies to our website visitors, prospective and current Clients, and, to the extent applicable, end users who interact with AI agents or other services we have built and deployed for our Clients.

1.1 When We Are Accountable, and When We Act for a Client

This policy covers two different things, and the difference decides who you should contact about your information.

• Information we are accountable for. Personal information collected through our own Website, our contact form, and our own AI demonstration line is information whose purposes and means we determine ourselves. We are the controller of that information and, under PIPEDA, the organization accountable for it. Sections 3 through 6 describe it.
• Information we process for a Client. Personal information handled by the AI agents, websites, applications, integrations, and other services we have built and deployed for a Client is controlled by that Client. They decide what is collected, why, and how long it is kept, and we act on their instructions as a processor (or service provider). If you interacted with an AI agent belonging to a business that is our Client, that business is your first point of contact and its privacy policy governs.

2. Scope and Applicability

This Privacy Policy applies to personal information collected through:

• Our website at opexaai.com (the "Website")
• Communications with us via email, phone, or contact forms
• AI agents, websites, applications, automation workflows, analytics, point of sale implementations, and other services that we build, deploy, or operate on behalf of our Clients
• Any other interactions with our services

Where we process personal data on behalf of a Client, the Client's own privacy policy governs the collection and use of that data. We encourage end users to review their service provider's (our Client's) privacy policy for details on how their data is handled.

3. Information We Collect

3.1 Information You Provide Directly

When you visit our Website, contact us, or engage our services, we may collect:

• Contact information: name, email address, phone number, company name, and job title
• Business information: details about your business needs, project requirements, and service preferences
• Payment information: billing address and payment details necessary to process transactions (handled through secure third-party payment processors)
• Communications: records of correspondence between you and us

3.2 Information Processed Through Services We Build for Clients

When end users interact with an AI agent, website, application, or other service we have built and deployed on behalf of our Clients, the following categories of personal information may be processed:

• Identity and contact data: names, email addresses, phone numbers, and delivery addresses
• Conversation content: voice recordings, voice transcripts, SMS messages, and WhatsApp messages exchanged during interactions with AI agents
• Business data: information retrieved from or sent to Client systems such as CRM platforms, databases, order management systems, and other enterprise tools as part of automated workflows
• Technical data: IP addresses, device identifiers, call metadata, session identifiers, and timestamps

We process this data solely on behalf of and under the instructions of our Clients. Our Clients determine what data is collected, why it is collected, and how long it is retained.

3.3 Information Collected Automatically (Website)

When you visit our Website, we may automatically collect certain information:

• Usage data: pages visited, time spent, referring URLs, and clickstream data
• Device data: browser type, operating system, screen resolution, and language preference

This information is collected through the analytics and session replay tools described in Section 4, which do not run unless you have accepted them. If you decline, we do not collect it.

4. Cookies and Similar Technologies

Cookies are small files stored on your device that let a website recognise your browser across pages and visits. We use them on our Website as follows.

4.1 Strictly Necessary (Always Active)

A small number of technologies are needed for the Website to function: remembering whether you chose the light or dark theme, and remembering your cookie choice itself so we do not ask again on every page. These cannot be switched off and are not used to profile you.

4.2 Analytics and Session Replay (Off Unless You Accept)

With your consent, we use:

• Google Analytics 4 (Google LLC, United States) measures page views, traffic sources, and which pages lead to enquiries. It sets cookies that distinguish one browser from another across visits.
• Microsoft Clarity (Microsoft Corporation, United States) records how visitors interact with pages, including mouse movement, clicks, scrolling, and a replay of the session. We configure Clarity to mask text entered into forms, so what you type into our contact form does not appear in recordings.

Neither of these loads until you accept. If you decline, the scripts are never placed on the page: they are not loaded and then switched off.

You can change your choice at any time using the Cookie Settings link in the footer of every page. Withdrawing consent reloads the page so that any script already running is removed.

Both providers are located in the United States and process this information there. See Section 14 on international transfers.

4.3 Anonymous Traffic Measurement (Runs for Everyone)

We use Vercel Web Analytics to count page views and see where visitors arrive from. It runs for every visitor, including anyone who declines the analytics described above, because it stores nothing on your device and does not identify you.

It records the page requested, the referring page, an approximate location derived from your IP address (country, region and city), your browser, operating system and device type, and the time of the visit. Visitors are distinguished using a hash derived from the request, which is discarded after 24 hours. It cannot recognise you on a later visit, and it cannot follow you to any other website.

Vercel Inc. is located in the United States. See Section 14 on international transfers.

4.4 Server Logs

Independently of the choices above, our hosting provider records standard web server logs for every request to the Website, including the IP address, browser user agent, the page requested, the referring page, and the time of the request. These logs are generated by the infrastructure before any script runs, are used to keep the Website secure and working, and are not affected by your cookie choice. We do not use them to build a profile of you.

5. Information You Send Through Our Contact Form

When you complete the contact form on our Website, we collect your first name, last name, email address, and service interest, plus your phone number and a description of your project if you choose to provide them.

We use this information only to respond to your enquiry and, if it goes further, to discuss providing services to you. The basis for this processing is your own request that we contact you.

Submissions are transmitted to and stored by Formspree, Inc., a form-processing service located in the United States, which delivers them to us by email. Formspree acts as our service provider and processes submissions solely to deliver them to us.

We keep enquiry correspondence for 24 months after our last contact with you, after which it is deleted. You can ask us to delete it sooner at any time by writing to info@opexaai.com.

Sending the form does not subscribe you to marketing email. We add you to our mailing list only if you tick the separate opt-in box on the form, and every marketing email we send includes a way to unsubscribe.

6. Our Public AI Demonstration Line

Separately from the AI agents we build for Clients, we operate our own demonstration telephone line, +1 (437) 317-3771, which anyone may call to speak with an OpexaAI voice agent. For this line we are accountable for the information collected: we are not acting on behalf of a Client.

6.1 What We Collect

The audio of the call, a written transcript of it, the telephone number presented by the network, and call metadata such as the time and duration of the call.

6.2 How We Obtain Your Consent

Every call opens with a spoken announcement that the call is being recorded. Continuing the call after that announcement is how consent is given. If you would prefer not to be recorded, please end the call and contact us by email instead; we are glad to answer the same questions that way.

6.3 Why We Collect It

To operate the demonstration, to review calls so we can improve the quality and reliability of our agents, and to follow up with you if you ask us to.

6.4 Who Else Processes It

Call audio and transcripts pass through the telephony, speech-to-text, language model, and text-to-speech providers listed in Section 8. These providers are located outside Canada, principally in the United States.

6.5 How Long We Keep It

Recordings and transcripts from the demonstration line are retained for 90 days and then deleted.

6.6 Model Training

We review demonstration calls to correct and improve our agents' prompts and workflows. We do not use recordings or transcripts from the demonstration line to train AI models.

6.7 Your Choices

You can ask for a copy of, or the deletion of, any recording or transcript of your call. Write to info@opexaai.com with the number you called from and roughly when you called, so that we can locate it.

7. How We Use Personal Information

7.1 Our Own Business Purposes

• To respond to inquiries and communicate with prospective and current Clients
• To provide, maintain, and improve our services
• To process payments and manage Client accounts
• To analyze Website usage and improve user experience
• To comply with legal obligations and enforce our terms of service
• To protect against fraud, unauthorized access, and other security threats

7.2 On Behalf of Our Clients (Data Processing)

• To operate the AI agents, websites, applications, automation workflows, analytics, and point of sale implementations we build for our Clients, which facilitate interactions between our Clients and their customers
• To process conversation content through third-party large language models (LLMs), speech-to-text (STT), and text-to-speech (TTS) services as necessary to deliver agent functionality
• To integrate with Client systems (CRMs, databases, order management tools) as directed by the Client
• To store call recordings, transcripts, and message logs where the Client has configured such storage

Where a Client configures an AI Agent to place outbound calls or messages, the Client determines who is contacted and on what basis, and is accountable for the lawfulness of that contact, including any consent required before it is made. We process that information on the Client's instructions. If you received an outbound call or message from an AI agent and wish to stop further contact or exercise your privacy rights, please contact the business on whose behalf the contact was made, which is the organization accountable for it.

8. Third-Party Service Providers and Sub-Processors

To deliver our AI agent services and to run our own Website, we rely on a number of third-party technology providers who may process personal data as sub-processors. These include, but are not limited to:

Each of these providers operates under their own privacy policies and terms of service. We select providers that maintain appropriate security standards and, where applicable, we enter into data processing agreements with them.

We continuously evaluate and may update the specific providers we use. Any material changes to this list will be reflected in updates to this Privacy Policy.

9. AI Model Training and Data Usage

We do not use personal data processed through our AI agents for the purpose of training our own AI models.

We do review calls made to our own demonstration line (Section 6) so that we can correct and improve our agents' prompts and workflows. That review is carried out by people reading transcripts and listening to recordings; it is not model training, and the recordings are not used to train or fine-tune any AI model.

However, some of our third-party LLM, STT, and TTS providers may process data in accordance with their own terms of service, which may include using anonymized or aggregated data for model improvement purposes. We take commercially reasonable steps to review provider policies and, where available, opt out of data training programs.

10. Data Sharing and Disclosure

We do not sell personal information. We may share personal information in the following circumstances:

• With our Clients: we share data collected through the services we build and operate for a Client with that Client, as they are the data controller
• With sub-processors: as described in Section 8, to deliver our services
• For legal compliance: where required by law, regulation, legal process, or governmental request
• Business transfers: in connection with a merger, acquisition, reorganization, or sale of assets, personal data may be transferred to the successor entity
• With consent: where you have provided explicit consent to a specific disclosure

11. Data Retention

11.1 Client Data (Processed on Behalf of Clients)

Retention of personal data processed through the services we build and operate for a Client is determined by each Client in accordance with their own data retention policies and applicable laws. We retain Client data for the duration specified in our service agreement with the Client and delete or return it upon termination of the agreement or upon the Client's instruction, unless we are required by law to retain it for a longer period.

11.2 Our Own Business Data

For personal information we collect directly, we apply the following periods:

• Contact form enquiries: 24 months after our last contact with you, then deleted (Section 5)
• Demonstration line recordings and transcripts: 90 days, then deleted (Section 6)
• Client records: for the duration of the business relationship, and afterwards for as long as we are required to keep business and tax records under Canadian law

When data is no longer needed for the purpose it was collected for, we securely delete or anonymize it. You may ask us to delete information about you sooner by contacting our Privacy Officer (Section 17).

12. Data Security

We implement reasonable administrative, technical, and organizational measures to protect personal information against unauthorized access, alteration, disclosure, or destruction. These measures include:

• Use of encryption in transit (TLS/SSL) for all data transmitted between end users, our systems, and third-party providers
• Reliance on the security infrastructure and certifications of our third-party service providers (including SOC 2, ISO 27001, and equivalent standards where applicable)
• Access controls to limit access to personal data to authorized personnel on a need-to-know basis
• Regular review of our security practices and those of our sub-processors

While we strive to protect personal information, no method of transmission over the Internet or electronic storage is 100% secure. We cannot guarantee absolute security.

13. Your Privacy Rights

13.1 Rights Under PIPEDA (Canada)

If you are a Canadian resident, you have the right to access the personal information we hold about you, request corrections to inaccurate or incomplete data, withdraw consent to the collection, use, or disclosure of your personal information (subject to legal and contractual restrictions), and file a complaint with the Office of the Privacy Commissioner of Canada.

13.2 Rights Under GDPR (European Union / United Kingdom)

If you are located in the EU or UK, you may have the right to access, rectification, erasure, restriction of processing, data portability, objection to processing, and the right to lodge a complaint with your local data protection authority. Where we act as a data processor, we will direct data subject requests to the relevant Client (as data controller) and assist them in fulfilling those requests.

13.3 Rights Under CCPA / CPRA (California, United States)

If you are a California resident, you have the right to know what personal information we collect, use, and disclose, the right to request deletion of your personal information, the right to opt out of the sale or sharing of personal information (we do not sell personal information), and the right to non-discrimination for exercising your privacy rights.

13.4 Exercising Your Rights

If you are an end user who has interacted with an AI agent deployed by one of our Clients, please direct any data access, correction, or deletion requests to that Client directly, as they are the data controller responsible for your personal information. We will assist our Clients in responding to such requests as required.

If you wish to exercise rights in relation to data we have collected directly (e.g., through our Website), please contact us using the details in Section 17.

14. International Data Transfers

We are based in Canada and our third-party service providers may be located in the United States, the European Union, and other jurisdictions. Personal information may be transferred to and processed in countries other than the country in which it was originally collected.

Where personal data is transferred outside of the European Economic Area (EEA) or the United Kingdom, we rely on appropriate safeguards such as Standard Contractual Clauses (SCCs), adequacy decisions, or other lawful transfer mechanisms to ensure an adequate level of data protection.

Canada has received an adequacy determination from the European Commission under GDPR, meaning transfers of personal data from the EU to Canada are generally permitted.

15. Children's Privacy

Our services are designed for business-to-business use and are not directed at individuals under the age of 18 (or the applicable age of majority in the relevant jurisdiction). We do not knowingly collect personal information from children. If we become aware that we have inadvertently collected personal information from a child, we will take steps to delete it promptly. If you believe a child has provided us with personal information, please contact us using the details in Section 17.

16. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, technologies, legal requirements, or for other operational reasons. When we make material changes, we will update the "Last Updated" date at the top of this document and, where appropriate, provide additional notice (such as a Website banner or direct communication to Clients).

We encourage you to review this Privacy Policy periodically to stay informed about how we protect personal information.

17. Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us at info@opexaai.com.

Our mailing address is:

OpexaAI
570 Hood Rd, Unit 14 #3044
Markham, ON L3R 4G7
Canada

17.1 Privacy Officer

OpexaAI has designated a Privacy Officer who is accountable for our compliance with this Privacy Policy and with applicable privacy legislation, including PIPEDA and Quebec's Law 25.

Privacy Officer, OpexaAI
info@opexaai.com

You may contact the Privacy Officer to exercise any of the rights described in Section 13, to ask how your information is handled, or to make a complaint. We respond to requests within 30 days.

18. Legal Basis for Processing (GDPR)

Where GDPR applies, we rely on the following legal bases for processing personal data:

• Contractual necessity: to perform our obligations under service agreements with our Clients
• Legitimate interests: to operate, improve, and secure our services, provided such interests are not overridden by the data subject's rights
• Consent: where you have given explicit consent (e.g., subscribing to a newsletter). You may withdraw consent at any time
• Legal obligation: to comply with applicable laws and regulatory requirements

19. Call Recording and Consent Disclosures

Call recording laws differ by jurisdiction. Some require the consent of only one party to the call, and others require the consent of every party before recording may begin.

19.1 Our Own Demonstration Line

We record calls made to our demonstration line and announce this at the start of every call, before any substantive conversation takes place. We are responsible for that notice and for obtaining consent. Section 6 describes what we collect, how long we keep it, and how to request deletion.

19.2 Agents We Build for Clients

Where a Client configures a voice AI agent we have built to record calls or retain transcripts, the Client determines that configuration and controls the resulting data. Our Clients are responsible for ensuring that appropriate disclosures are made and consents obtained from their end users before recording or monitoring takes place. We provide our Clients with guidance and technical capabilities to facilitate compliance, including pre-call disclosure prompts and consent capture mechanisms.

20. Automated Decision-Making and AI Transparency

Our AI agents use automated processing, including large language models, to generate responses and facilitate interactions. These agents do not make legally binding or similarly significant decisions about individuals without human oversight, unless specifically configured by the Client to do so with appropriate safeguards.

If you have concerns about automated decision-making in the context of an AI agent interaction, please contact the business (our Client) that deployed the agent.